Reconciliation is the Only Way to Achieve Immigration Reform

PHOENIX (By Jon Garrido, The Jon Garrido News Network) April 28, 2009 — Reconciliation is a legislative process of the United States Senate intended to allow a contentious budget bill to be considered. This will allow the Senate to pass immigration overhaul with a simple majority of 51 votes rather than the 60 votes know as a "super majority" needed to overcome a Republican filibuster. Democrats hold 56 of the 100 seats in the Senate, and two independents typically vote with the party.

In addition, the Senate reconciliation bill gets only 20 hours of debate and amendments are limited. Because reconciliation limits debate and amendment, the process empowers the majority party.

Until 1996, reconciliation was limited to deficit reduction, but in 1996 the Senate adopted a precedent to apply reconciliation to any legislation affecting the budget, even legislation that would worsen the deficit.

When the Republicans controlled the Presidency of George Bush and the United States Senate, the Republicans used reconciliation without regard to bipartisan politics. The Republicans bulldozed over the Democrats and used senate rules to enact three major tax cuts to steer their programs to approval.

Today, the power has shifted to the Democrats who now are considering the use of reconciliation as used by the Republicans when they were in power. Some Democrats believe the threat of a lower threshold for passage would give Republicans an incentive to work collaboratively, but the effect was to instantly intensify the partisan rancor that has been building all year.

"The American people expect when you take on an issue that affects them in a very comprehensive way as healthcare does . . . there is going to be an effort to have a fair plan produced they have confidence was reached in balanced way. That means you need bipartisanship and participation by all stakeholders," said Senator Judd Gregg, a Republican from New Hampshire. "What you've essentially got here is negotiations where one side decides to pick up a gun and load it, and the other side has the gun pointed at its head."

Exactly what the Republicans did to the Democrats when the Republicans controlled the congress and the George Bush White House. To use an idiom, "What's good for the Republicans is good for the Democrats" meaning the parties should treat each other the same way and not be subjected to different standards.

But they don't and they didn't as everyone will remember when the Republicans were in power especially when the racist Republicans killed immigration reform in 2007 as reported below in this article.

Budget reconciliation health care agreement now being considered bars a filibuster and riles the GOP

Congressional Democrats reached a tentative deal last week that will let the Senate pass a healthcare overhaul with a simple majority rather than the 60 votes needed to overcome a Republican filibuster, dramatically increasing the odds of passing sweeping changes to the country's healthcare system this year.

The agreement would let a simple majority rule only if the Senate fails to pass a healthcare bill by Oct. 15, essentially setting a deadline for a bipartisan plan.

Liberal Democrats want to pass a healthcare plan without making extensive concessions to Republicans, who have already declared themselves unwilling to consider changes important to healthcare advocates, such as creating a new government insurance program.

"It's an incredibly important moment," said Richard Kirsch, president of Health Care for America Now, a large Democratic coalition of unions, health providers, and activist groups. "It changes the whole dynamic because it allows the Democratic leadership to stand fast on the fundamentals of reform they think and we think are necessary to make change work."

Some Democrats believe the threat of a lower threshold for passage would give Republicans an incentive to work collaboratively, but last week the effect was to instantly intensify the partisan rancor that has been building all year.

Republicans declared by using the tactic, known as reconciliation, to make an end-run around Senate rules that normally set the bar higher for important legislation, President Obama and Democratic leaders had abandoned their commitment to work in a bipartisan manner.

The challenge before Congress is both parties recognize, and one Obama promised in his campaign to address: to provide better access to health insurance for the 47 million Americans without coverage while improving quality and lowering the cost of care, which is on track to consume 20 percent of the US economy by 2018.

Senator Max Baucus of Montana, who has been writing a healthcare bill with Senator Edward M. Kennedy of Massachusetts, said going the fast-track route could make it harder to win Republican support needed to pass legislation that would be broadly accepted. Baucus has a strong relationship with Senator Charles Grassley of Iowa, the ranking Republican on the Finance Committee, and he has previously said he hoped to win as many as 75 votes for a healthcare bill.

"When you jam something down somebody's throat, it's not sustainable," Baucus told reporters last week. "And I want something that will last."

But the White House and many Democrats, particularly in the House, see reconciliation as an essential tool to ensure a health bill passes. Pointing to the president's economic stimulus package, which drew three Republican votes in February, they say Republicans have shown little interest in working together.

Harry Reid, the Senate majority leader, said the maneuver would be used only "when bipartisan bills are not possible."

Kennedy, who has been working on creating a healthcare bill for most of the last year, has been meeting and talking to key Republicans as well as Democrats about what it should contain.

"Reconciliation is only a tool of last resort, and there is agreement a bipartisan bill pursued through regular order is the best outcome," Anthony Coley, a spokesman for Kennedy, said in a statement.

The early reaction from Republicans yesterday, however, raised the possibility the reconciliation threat could drive Republicans away from the negotiating table.

"The partisan side of me says, 'Go for it,' because if they do that, they're going to get hung with the worst healthcare bill in history," said US Senator Orrin Hatch, a Republican from Utah who has previously worked with Kennedy on major health legislation. "With all the complexities of healthcare, you cannot please all of the stakeholders, and if they make it a partisan exercise, my gosh, we'll beat them up for the rest of their lives."

 

 

Racist Contentious Republican United Senators killed immigration reform in 2007.

 

The Republican names Alexander, Barrasso,
Bennett, Bond, Brownback, Bunning, Burr, Chambliss, Coburn, Cochran, Collins, Corker,
Cornyn, Crapo, DeMint, Ensign, Enzi, Graham,
Grassley, Gregg, Hatch, Hutchison, Inhofe,
Isakson, Johanns, Kyl, Lugar, Martinez, McCain,
McConnell, Murkowski, Risch, Roberts, Sessions,
Shelby, Snowe, Specter, Thune, Vitter, Voinovich,
and Wicker are still found in the United States Senate.

 

It is these Republican senators who opposed immigration reform in 2007 and who will again oppose immigration reform in 2008.

 

The only way to win passage of immigration reform is to use reconciliation. This will allow the Senate to pass immigration overhaul with a simple majority of 51 votes rather than the 60 votes know as a "super majority" needed to overcome a Republican filibuster. Democrats hold 56 of the 100 seats in the Senate, and two independents typically vote with the party.

 

Remembering the contentious anti-Hispanic sentiments expressed in the 2007 immigration reform debate, Hispanic News endorses using reconciliation in the US Senate to move immigration reform forward to passage.

 

One last observation. Anti-migrant conservative talk radio that filled U.S. airways with anti Hispanic verbiage using euphuisms such as "we support legal immigration but we are opposed to illegal immigration" are primarily responsible for the huge Hispanic turn out to vote for President Obama at the expense of John McCain.

 

The Republicans cut off their noses to spite their faces and in doing so have led to the demise of the Republican party. The Republicans can try to re-invent their party but all attempts will be futile.

 

America's changing demographics toward a Hispanic minority dominated country will never support the racist Republican party who wants to deport all Hispanics.

 

― Jon Garrido

 

The 2007 Senate Immigration Bill Dies at the Hands of Racist Contentious Republicans

 

On June 28, 2007, the United States Senate killed immigration reform voting 46 to 53. 14 short of the 60 "super majority" needed to overcome the filibuster used by the Republicans to kill immigration reform.

 

It was the filibuster requirement of the senate "super majority" led by contentious Republicans who killed immigration reform imposing a "super majority" of 60 votes for passage of immigration reform rather than by simple majority.

The defeat was a setback for lawmakers who worked for months to craft a bill they hoped would draw enough support from both parties to pass.

 

It did not because of a handful of racist Republicans representing anti-migrant conservative talk radio that filled U.S. airways with anti Hispanic verbiage using euphuisms such as "we support legal immigration but we are opposed to illegal immigration." These talk radio shows stated they represented the sentiments of most Americans.

 

Not true! National polls documented a majority of Americans supported comprehensive immigration reform.

 

A survey conducted May 30-June 3, 2007 by the nonpartisan Pew Research Center for the People and the Press found overwhelming support — among two-thirds of the public — for giving undocumented immigrants citizenship if they have jobs, pass background checks and pay fines.

The right wing radio talk show hosts countered the national electorate with an effective strategy to minimize voter electorate strength — and it worked!

The Washington Times on May 18, 2007, reported "Senate passage of the bill is in doubt." The Times added, "Conservative Republicans argued the bill rewards illegal activity, while liberal Democrats said it is too draconian toward illegal aliens and too restrictive for future workers."

In a similar story, the Los Angeles Times reported "the attacks from both left and right that met the proposal suggested the latest push for change, although representing a potential breakthrough, could again end in a stalemate. At the very least, criticism showed the bill's supporters would need to do a lot of arm-twisting on both sides of the aisle."

Some Republicans were furious. NBC Nightly News showed Republican Congressman Ted Poe saying, "It's like somebody that trespasses on your land, you give them a fine but they stay on your land. That's a form of amnesty."

CBS Evening News interviewed Rep. James Sensenbrenner, another Republican, said, "I think the deal stinks. ... I'm mad as hell."

The Miami Herald quotes Republican Sen. Jim DeMint saying, "'I don't care how you try to spin it, this is amnesty," while the Atlanta Journal-Constitution notes US Rep. Tom Price, "a Roswell Republican who joined the majority of the House GOP last year in pushing for an immigration bill focused almost exclusively on border security," also "issued a statement denouncing the new bill as 'amnesty.'" 

On June 5, 2007, Sen. Jon Kyl (R-Ariz.) said, "This is one of the most contentious, complex, emotional issues of our time and no one is going to get 100% of what they want." Kyl spoke about Arizona Republican constituents who told him they trust him but don't like his bill. "The situation in the United States, and particularly in my state, is getting worse every day. You simply cannot afford to ignore the problem. You realize you're going to have to get in there, fight like heck to get the situation resolved."

Another euphuism for deport the undocumented. In Kyl's 2006 Arizona re-election campaign, Kyl is surrounded by Arizona's sheriffs  stating, "Arizona sheriffs oppose amnesty." http://www.youtube.com/watch?v=DHKo-16-fKI

On June 12, 2007, Republican senators urged President Bush to ask for emergency funds to ramp up enforcement.

Sen. Lindsey Graham of South Carolina, a leading proponent of the comprehensive immigration bill, said he was following the wishes of his constituents in defeating the immigration bill.

Sen. Mel Martinez of Florida, a leading Republican Hispanic American Cuban and known by Hispanic News readers as anti-Mexican was a champion proponent of the comprehensive immigration bill.

"This is far from over," Rep. Elton Gallegly (R-Simi Valley) said, criticizing as "amnesty, amnesty and amnesty" the provision that provides illegal immigrant workers with a path to legal standing and citizenship.

The provisions on citizenship were by no means the only ones to come under fire.

Sen. Byron L. Dorgan of North Dakota, said "The guest worker program threatened to drive down U.S. wages. America's workers have enough downward pressure on their wages because of unfair trade deals and corporate outsourcing of millions of jobs every year. The last thing they needed is to have an inflow of millions of more immigrants competing for their jobs at substandard wages."

Republican Sen. Charles E. Grassley of Iowa objected to a provision he said would give the Homeland Security Department "unlimited, open-ended access to all Social Security data, including confidential tax return information."

The provision Grassley challenged was designed to create a workable employment verification system. His statement said the provision would take a "wrecking ball" to "the balance between taxpayer privacy and legitimate law enforcement."

Noting the bill would require the head of household to return to the country of origin to apply for the full family's permanent residency, Grassley said, "Only one lawbreaker has to return to apply for permanent residency for a family of lawbreakers."

Sen. Craig Thomas (R-Wyo.) complained in a statement the compromise would end up costing taxpayers "trillions of dollars in entitlement spending" for immigrants moving on to the "already straining Social Security and Medicare system."

Republican and Democratic negotiators agreed to a trade-off, which they dubbed the "grand bargain," to give Democrats a way to give many of the estimated 12 million illegal immigrants legal status and to allow Republicans to shift the criteria for future immigration from family ties toward skills and education. If that trade-off had altered by any amendments, coalition members, who have taken to calling themselves the "grand bargainers," said the bill and their united support would fall apart.

That enraged some conservatives who had already been coming down hard on Republican members of the coalition, such as Sens. Lindsey Graham (R-S.C.) and Johnny Isakson (R-Ga.), both of whom reportedly were booed at Republican gatherings over the recess.

Sen. John McCain voted no on the immigration bill. (I called McCain's local Phoenix office yesterday to confirm McCain's 2007 "no" vote. Staff informed me they did not know how he voted. I can only assume McCain is remembering Obama received 67% of the Hispanic vote to McCain's 31%. Republican nominee John McCain did not even come close to the 44 % Bush received in 2004. McCain will not be re-elected in 2010.)

Sen. John Thune of South Dakota voted no on the immigration bill.

"Nothing was said to change my fundamental concerns about the bill," said Sen. Jeff Sessions of Alabama.

Among the lawmakers who pressed Bush to prove he was serious about enforcement were two Georgia Republicans who helped write the bill, Sens. Johnny Isakson and Saxby Chambliss.

Republican Sens. John Cornyn of Texas and Jon Kyl of Arizona made a proposal similar to an emergency spending request during the 2006 immigration debate. They introduced an amendment to an unrelated bill that would have provided $3.9 billion for border security.

Cornyn targeted loopholes in the bill to ensure illegal immigrants who were terrorists, sex offenders, drunk drivers and armed smugglers could not become legal residents. But it was clear to Democrats Cornyn's amendment was written so broadly it would have excluded huge numbers from the bill's legalization program.

The amendment would have bared anyone from receiving legal status if he or she has been convicted of reentering the country illegally or of using someone else's Social Security number — a group that critics estimated could include half the workers now in the agricultural industry.

"What is the message we send about the rule of law in America when Congress won't even categorically prohibit rewarding those illegal immigrants who have ignored court orders?" Cornyn said in a statement.


Sen. Ben Nelson (D-Neb.) signaled he wanted to tighten border security and "repair the woefully inadequate legal immigration process before we move to an amnesty-based immigration system."

Sen. Craig Thomas (R-Wyo.) complained in a statement the compromise would end up costing taxpayers "trillions of dollars in entitlement spending" for immigrants moving on to the "already straining Social Security and Medicare system."

In the end, however, Kyl broke from the bipartisan clique that hatched the agreement, siding with Republicans who said they hadn't gotten enough chances to toughen the bill.

"It's time to scrap this mess of a bill," said Sen. Jim DeMint, R-South Carolina, a conservative who had failed in several attempts to make the measure more punitive toward illegal immigrants.

Democrats Strike Back

With the immigration bill becoming more and more punitive with the Republican sponsorship led by Senator Kyl who was determined to deport any undocumented Hispanic for spitting on the sidewalk or jay-walking, Senator Menendez struck back on behalf of undocumented Hispanics.

Menendez's particular complaint was with the bill's limits on family-based immigration. The bill would have allowed citizens to bring only spouses and children younger than 18 to the United States. Currently, citizens also can bring parents and adult children.

The new restrictions were important to Republicans who were intent on ending what Kyl, the lead GOP negotiator, called "chain migration." Menendez brought a series of amendments that striked at that GOP achievement and, if it had passed, Kyl and other Republicans would have abandoned the bill.

One amendment would have changed the deadline for reducing the backlog of family members waiting to enter the United States. The bill would have immediately clear the backlog of 4 million family members who applied to enter the U.S. before May 2005. Menendez would have shifted the date to January 2007 — the bill's cutoff for illegal immigrants who could gain legal status — increasing the number of family applicants allowed in by more than 800,000.

"These are over 800,000 people who played by the rules, didn't violate any law, did the right thing," Menendez said. "But all of those who did the right thing, they lose their chance under this bill because of an arbitrary date plucked out of the air. Let's think about how unfair that is."

Another Menendez amendment would have increased the number of green cards, or legal permanent resident visas, available for parents of U.S. citizens and extend the duration of a new parent visitor visa, also a deal-killer for Republicans.

A third would have amended the point system Republicans had set up for awarding green cards, making it easier for applicants to earn points for family ties to the United States, along with points for education, skills and English ability.

All but 11 Democrats supported the move, but they, too, were holding their noses at provisions of the bill. Many of them argued it makes second-class citizens of a new crop of temporary workers and rips apart families by prioritizing employability over blood ties in future immigration.

Thirty-seven Democrats and Sen. Joseph Lieberman, a Connecticut independent, voted to advance the measure.

"We can all find different aspects of this legislation that we differ with," said Sen. Edward M. Kennedy of Massachusetts, the leading Democratic architect of the bill.

He held out hope after the vote the measure would survive. "Doing nothing is not an alternative," Kennedy said. "This issue isn't going away."

"I believe we will yet succeed," said Sen. Arlen Specter, R-Pennsylvania, a framer of the bill who was one of few in his party who backed the procedural move.

Material from the LA Times, NY Times, AP and Hispanic News 2007 archive was used in this report.

 

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